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[F5(7A)A court which revokes an entertainments licence under paragraph 12(5) above may, if in the particular circumstances it would be unfair not to do so, order that the licence shall remain in force—

(a)until the time for bringing an appeal against the revocation has expired; and

(b)if such an appeal is duly brought, until the determination or abandonment of the appeal.]

(8)Where—

(a)the holder of an entertainments licence makes an application under paragraph 16 above; and

(b)the appropriate authority impose any term, condition or restriction other than one specified in the application,

the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired.

(9)Where an appeal is brought under this paragraph against the imposition of any such term, condition or restriction, the licence shall be deemed to be free of the term, condition or restriction until the determination or abandonment of the appeal.

Miscellaneous

18Where a place in respect of which an entertainments licence has been granted constitutes a roller skating rink within the meaning of section 75(2)(b) of the M1Public Health Act 1961, it shall not be subject to any byelaws made under section 75 for so long as the licence is in force.

Savings and transitional provisions

19(1)Any licence relating to public entertainments which was granted under an enactment repealed by this Act and which is in force immediately before the commencement date—

(a)shall have effect as from the commencement date as if granted under this Act by the appropriate authority on and subject to terms, conditions and restrictions corresponding to those on and subject to which it is held immediately before the commencement date; and

(b)in the case of a licence granted or renewed for a specified period, shall remain in force, subject to paragraphs 10, 12(4) and 16(2) of this Schedule, for so much of that period as falls on or after the commencement date.

(2)Where an appeal under any enactment mentioned in sub-paragraph (1) above has been brought in respect of a licence before the commencement date but has not been determined or abandoned before that date, the provisions of paragraph 17 above shall apply to proceedings relating to the appeal as if the appeal had been brought under that paragraph.

20(1)Nothing in this Schedule shall affect—

(a)the application of the M1Private Places of Entertainment (Licensing) Act 1967 to an area in respect of which an adoption has been made under section 1 of that Act; or

(b)the validity of any licence granted under that Act before the commencement date.

(2)Where by virtue of such an adoption made before the commencement date the Private Places of Entertainment (Licensing) Act 1967 applies to part only of a district, the district council may adopt that Act in respect of the remaining part of that district.

21Nothing in this Schedule shall affect—

(a)section 3 of the M1Sunday Entertainments Act 1932;

[F1(b)section 19 of the Cinemas Act 1985;]

(c)paragraph 1 of Schedule 3 to the Revision of the M2Army and Air Force Acts (Transitional Provisions) Act 1955;

(d)section 182(1) of the M3Licensing Act 1964;

(e)section 12 of the M4Theatres Act 1968; or

(f)section 31 of the M5Fire Precautions Act 1971.

Supplemental

22In this Schedule—

• “the appropriate authority” means—

  (i)

  in relation to any place in England and Wales, the district council for the area in which the place is situated; or

  (ii)

  in relation to any place situated in the Isles of Scilly, the Council of the Isles of Scilly;

• “the chief officer of police”, in relation to any place, means the chief officer of police for the police area in which the place is situated;

• “the commencement date” means 1st January 1983;

• [F1“controlled drugs” has the same meaning as in the M1Misuse of Drugs Act 1971;]

• “an entertainments licence” means a licence granted under this Schedule;

• “fire authority”, in relation to any place, means the authority discharging in the area in which the place is situated the functions of fire authority under the M2Fire Services Act 1947;

• “place of public religious worship” means a place of public religious worship which belongs to the Church of England or to the Church in Wales (within the meaning of the M3Welsh Church Act 1914), or which is for the time being certified as required by law as a place of religious worship;

• “pleasure fair” has the meaning assigned to it by section 75(2)(a) of the M4Public Health Act 1961.